26 Nov 2020
ZHOU v PACIFIC PEARL ACCOMMODATION LIMITED [2020] NZHC 3133
- Citation
- [2020] NZHC 3133
- Court
- High Court
The PLA notice only adequately alleged two matters; of those only non-payment of a portion of the trustees' costs was properly notified and proved (approx. NZD 5,747). The PLA notice did not particularise other alleged breaches (CCC, multiple consent and BWOF issues) and therefore they could not found cancellation. The Deed of Settlement did not estop claims unrelated to the rent review dispute. The single provable breach was not sufficiently serious to warrant cancellation and was remediable; relief from forfeiture was appropriate. Accordingly the application to cancel the lease was dismisse…
- Lease cancellation
- Relief against forfeiture
- Pla s246 notice requirements
- Code compliance certificate (ccc)
- Building warrant of fitness (bwof)
- Occupancy limits